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CABILES
G.R. No. 170139, August 5, 2014
Doctrine:
SEPARATION OF POWERS AND CHECKS AND BALANCES
Facts:
● Petitioner, Sameer Overseas Placement, Inc. (Sameer), is a recruitment and placement
agency.
● Respondent, Joy C. Cabiles (Cabiles), responded to the ad published by Sameer and
submitted her application for a quality control job in Taiwan.
● Cabiles was accepted for a year long employment contract with a salary of NTD 15,360.
● Cabiles signed the employment contract but adds that she was allegedly made to pay
Php 70,000 as a placement fee.
● On June 26, 1997, Cabiles was finally deployed to work for Taiwan Wacoal, Co. Ltd.
(Wacoal)
● On her employment contract, Cabiles agreed to work as quality control, however, she
was made to work as a cutter in Taiwan.
● On July 14, 1997, Mr. Huwang from Wacoal informed Cabiles that she was to be
terminated, without any prior notice or warning.
● Cabiles claimed that from the time she started working, to the time she was terminated,
she only earned NTD 9,000, and Wacoal also made her pay her repatriation fee (ticket
back to Manila) which deducted NTD 3,000 from the NTD 9,000 she was paid.
● Cabiles filed a case of illegal dismissal with the NLRC, she won, NLRC reiterating the
doctrine doctrine that the burden of proof to show that the dismissal was based on a just
or valid cause belongs to the employer, and that Sameer failed to prove that there were
just causes for the termination.
● Sameer filed for certiorari with the CA
● Respondent argued to the CA that the clause "or for three (3) months for every year of
the unexpired term, whichever is less” of Republic Act No. 10022 violates the
constitutional right to due process.
● CA affirmed the decision of the NLRC.
Issue/s:
Whether or not the last clause of RA 10022 violates the constitutional right to due
process
Provision/s:
Art. 282. Termination by employer. An employer may terminate an employment for any
of the following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or
any immediate member of his family or his duly authorized representatives; and
(e) Other causes analogous to the foregoing
Ruling/Ratio: YES
● The court ruled that the respondent deserves to receive the three-month
equivalent salary
● In the hierarchy of laws, the Constitution is the highest
● No branch of the government may exercise its powers inconsistent with the
Constitution
● Any law that is inconsistent with it must be declared null and void
● In Serrano v Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc,
court ruled that the clause “or for three (3) months for every year of unexpired
term, whichever is less” is unconstitutional for violating the equal protection
clause and substantive due process
● The court ruled that the clause “or for three (3) months for every year of
unexpired term, whichever is less” in Section 7 of RA 10022 amending Section
10 of RA 8042 is unconstitutional, therefore, null and void
Disposition:
WHEREFORE, the petition is DENIED. The decision of the Court of Appeals is
AFFIRMED with modification. Petitioner Sameer Overseas Placement Agency is ORDERED to
pay respondent Joy C. Cabiles the amount equivalent to her salary for the unexpired portion of
her employment contract at an interest of 6% per annum from the finality of this judgment.
Petitioner is also ORDERED to reimburse respondent the withheld NT$3,000.00 salary and pay
respondent attorney's fees of NT$300.00 at an interest of 6% per annum from the finality of this
judgment.
The clause, "or for three (3) months for every year of the unexpired term, whichever is less" in
Section 7 of Republic Act No. 10022 amending Section 10 of Republic Act No. 8042 is declared
unconstitutional and, therefore, null and void.
SO ORDERED.